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The Foreign Corrupt Practices Act
May 26, 2010
Directors and officers are exposed to personal loss under the FCPA because not only does the FCPA expressly prohibit corporate indemnification, but also there are several D&O policy provisions that may serve to bar coverage for FCPA-assessed fines and penalties.
The End of the World or a Brave New One?
May 26, 2010
Firms that succeed will have four distinct and unifying characteristics: a clear strategy; focused leadership; rewards systems aligned with their strategy; and a well-functioning (and efficient) administrative support structure. These are the firms that prospered in 2009 and will continue to prosper.There is
Component Parts Manufacturers in the Cross Hairs
May 26, 2010
A cluster of asbestos-related cases decided in 2009 has resulted in a trilogy of appellate decisions that reveals the key issues that arise in defending parts manufacturers from liability for components manufactured by others.
Leadership Lessons from a Civil War Colonel
May 26, 2010
Law firm leaders can learn a lot from Col. Joshua Lawrence Chamberlain, an unlikely hero of the Civil War.
Time for a Common Lateral Partner Questionnaire
May 26, 2010
Some LPQ questionnaires are brief, while others look like "War and Peace." The authors suggest that firms consider adopting a common design ' to save time for the firm and the partner candidates, while still ensuring that the most necessary data is obtained.
Movers & Shakers
May 26, 2010
Who's going where; who's doing what.
Improving Compensation Decisions in a Mixed Economy
May 26, 2010
How should a law firm approach compensation decisions in the current economy? The fundamentals still apply: a focus on the quality of the compensation decisions and the interrelationship of those decisions with culture and strategy.
DE Courts Tackle Novel Issues Presented by Contested Director Election
May 25, 2010
Recently, in <i>Kurz v. Holbrook</i>, the Delaware Court of Chancery and Supreme Court confronted dueling consent solicitations over control of the board of directors of EMAK Worldwide, Inc. This contest generated three issues of first impression.
Reevaluating REAs
May 25, 2010
Part One of this article discussed how the economy has impacted the flexibility and control of REAs, nontraditional occupants, consolidation and conveyance of improvements. Part Two described operating covenants and monetization of real estate. The conclusion herein focuses on parking, site plan and use restrictions.
Using Ground Leases in a Difficult Economy
May 25, 2010
Particularly given the dramatic shifts in the real estate market in recent years, and the unpredictability of interest rates, inflation, taxes and other economic factors going forward, greater attention is being focused on ground leases. Here's why.

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  • The Roadmap of Litigation Analytics
    Litigation analytics can be considered a roadmap of sorts — an important guide to ensure the legal professional arrives at the correct litigation strategy or business plan. However, like roadmaps, litigation analytics will only be useful if it's based on data that is complete and accurate.
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  • Understanding the Potential Pitfalls Arising From Participation in Standards Bodies
    Chances are that if your company is involved in research and development of new technology there is a standards setting organization exploring the potential standardization of such technology. While there are clear benefits to participation in standards organizations &mdash; keeping abreast of industry developments, targeting product development toward standard compliant products, steering research and intellectual property protection into potential areas of future standardization &mdash; such participation does not come without certain risks. Whether you are in-house counsel or outside counsel, you may be called upon to advise participants in standard-setting bodies about intellectual property issues or to participate yourself. You may also be asked to review patent policy of the standard-setting body that sets forth the disclosure and notification requirements with respect to patents for that organization. Here are some potential patent pitfalls that can catch the unwary off-guard.
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